Loku Poojary vs State of Karnataka and Others

Ajit J. Gunjal

The petitioner filed W.P. No. 14193/83 questioning the order passed by the Land Tribunal - VI Karkala on 23.9.1981. The petitioner claims to be the owner of Sy. No. 107/9 measuring 2 cents of Marpadi Village. The petitioner claims that it is not an agricultural land inasmuch as there is a shop and it is tenanted. The original applicant makes an application in Form No. 7 for grant of occupancy rights in respect of Sy. No. 107/5 measuring 8 cents and Sy. No. 107/8 measuring 4 cents. But however, it is significant to note that she does not make an application for grant of occupancy rights in respect of Sy. No. 107/9. After the land reforms Appellate Authority was formed the writ petition was transferred to the Appellate Authority and renumbered as an appeal. But however, the Appellate Authority was abolished and the proceedings stood re-transferred to this Court and numbered as W.P. No. 30932/1993. The records were summoned and notice of the proceedings was issued to the respondents.

It is also to be noticed that during the pendency of the proceedings the original applicant had died and the legal representatives are brought on record. They are served and represented.

Mr. Prasanna V.R., Learned Counsel appearing for the petitioner submits that; the order of the Tribunal insofar as Sy. No. 107/9 to an extent of 2 cents is liable to be set aside inasmuch as there is no claim in respect of the said land.

I have perused the impugned order as well as the Form No. 7, which is filed.

The Form No. 7 would clearly disclose that there is no claim by the original applicant in respect of Sy. No. 107/9 to an extent of 2 cents. The claim made in Form No. 7 is only to an extent of 8 guntas of Sy. No. 107/5 and an extent of 4 guntas in respect of Sy. No. 107/8. Hence, I am of the view that the order passed by the Land Tribunal insofar as it relates to Sy. No. 107/9 to an extent of 2 cents is liable to be interfered inasmuch as there is no claim in respect of the said land. It is also brought to my notice that the tenant of the premises had made an application in Form No. 7A u/s 77A of the Act and the said application has also been rejected, by the Competent Authority on 15.10.2003. A copy of the same is made available along with a memo.

Hence, the following order is passed:

(i) Petition is allowed

(ii) The impugned order passed by the Land Tribunal insofar as Sy.No. 107/9 to an extent of 2 cents of Marpadi Village is set aside. The order passed by the Land Tribunal in respect of the other two lands stands confirmed.

(iii) Rule is issued and made absolute.

Mr. R. Kumar, learned High Court Government Pleader appearing for respondents 1 & 2 is permitted to file memo of appearance within four weeks.